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PROTECTION OF 

MIGRATORY BIRDS AND GAME 

RESERVES 



LAWS AND REGULATIONS 



PUBLIC LAW No. 119— 56th Congress, 1st Session 

PUBLIC LAW No. 330 (Extract)— 60th Congress, 2d Session 

PUBLIC LAW No. 430 (Extract)— 62d Congress, 3d Session 

Regulations for Protection of Migratory Birds, approved by the 
President October 1, 1913 

PUBLIC LAW No. 186 -65th Congress 

PUBLIC LAW No. 219 (Extract)— 65th Congress 

Migratory Bird Treaty Act and Regulations 

Issued by the 

HOUSE DOCUMENT ROOM 
House op Representatives, Washington, D. 0. 




WASHINGTON 
GOVERNMENT PRINTING OFFICE 

1920 






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d.0 



LIBRARY OF CONQRISS 

JAN101921 

DOCUMENTS DIVISION 



PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 



[Public, No. 119, Fifty-sixth Congress, first session.] 

AN ACT To enlarge the power.s of the Department of Agricultnre, prohibit the 
transportation by interstate commerce of game killed in violation of local 
hiws, and for other purposes. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That the duties and 
poAvers of the Department of Agriculture are hereby enhirged so as 
to inchide the preservation, distribution, introduction, and restora- 
tion of game birds and other wikl birds. The Secretary of Agri- 
culture is hereby authorized to adopt such measures as may be neces- 
sary to carry out the purposes of this act and to purchase such game 
birds and other wild birds as may be required therefor, subject, how- 
ever, to the laws of the various States and Territories. The object 
and purpose of this act is to aid in the restoration of such birds in 
those parts of the Ignited States adapted thereto where the same have 
become scarce or extinct, and also to regulate the introduction of 
American or foreign birds or animals in localities where they have 
not heretofore existed. 

The Secretary of Agriculture shall from time to time collect and 
publish useful information as to the propagation, uses, and preserva- 
tion of such birds. 

And the Secretary of Agriculture shall make and publish all need- 
ful rules and regulations for carrying out the purposes of this act, and 
shall expend for such purposes such sums as Congress may appro- 
priate therefor. 

Sec. 2. That it shall be unlawful for any person or persons to 
import into the Ignited States any foreign wild animal or bird except 
under special permit from the United States Department of Agricul- 
ture : Provided, That nothing in this section shall restrict the im- 
portation of natural-history specimens for musetmis or scientific col- 
lections, or the importation of certain cage birds, such as domesticated 
canaries, parrots, or such other species as the Secretary of Agricul- 
ture may designate. 

The importation of the mongoose, the so-called " flying foxes " or 
fruit bats, the P^nglish sparroAv, the starling, or such other birds or 
animals as the Secretary of Agriculture may from time to time de- 
clare injurious to the interests of agriculture or horticulture is hereby 
prohibited, and such species upon arrival at any of the ports of the 
United States shall be destroyed or returned at the expense of the 
owner. The Secretary of the Treasury is hereby authorized to make 
regulations for carrying into effect the provisions of this section. 

Sec. 3. That it shall be imlawful for any person or persons to 
deliver to any common carrier, or for any common carrier to trans- 



4 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

port from one State or Territory to another State or Territory, or 
from the District of Cohmibia or Alaska to any State or Territory, or 
from any State or Territory to the District of Columbia or Alaska, 
any foreign animals or birds the importation of which is prohibited, 
or the dead bodies or parts thereof of any wild animals or birds, 
where such animals or birds have been killed in violation of the laws 
of the State, Territory, or District in which the same were killed : 
Provided., That nothing herein shall prevent the transportation of 
any dead birds or animals killed during the season when the same 
may be lawfully captured, and the export of which is not prohibited 
bv law in the State, Territory, or District in which the same are 
killed. 

Sec. 4. That all packages containing such dead animals, birds, or 
parts thereof, when shipped by interstate commerce, as provided in 
section one of this act, shall be plainly and clearly marked, so that 
the name and address of the shipper and the nature of the contents 
may be readily ascertained on inspection of the outside of such pack- 
ages. For each evasion or violation of this act the shipper shall, 
upon conviction, pay a fine of not exceeding $200 ; and the consignee 
knowingly receiving such articles so shipped and transported in 
violation of this act shall, upon conviction, pay a fine of not exceed- 
ing $200; and the carrier knowingly carrying or transporting the 
same, shall, upon conviction, pay a fine of not exceeding $200. 

Sec. 5. That all dead bodies, or parts thereof, of any foreign game 
animals, or game or song birds, the importation of which is prohib- 
ited, or the dead bodies, or parts thereof, of any wild game animals, 
or game or song birds transported into any State or Territory, or 
remaining therein for use, consumption, sale, or storage therein, shall 
upon arrival in such State or Territory be subject to the operation 
and effect of the laws of such State or Territory enacted in the exer- 
cise of its police powers, to the same extent and in the same manner 
as though such animals or birds had been produced in such State or 
Territory, and shall not be exempt therefrom by reason of being 
introduced therein in original packages or otherwise. This act shall 
not prevent the importation, transportation, or sale of birds or bird 
plumage manufactured from the feathers of barnyard fowl. 
. Approved, May 25, 1900. 



[Extract, Public, No. .330, Sixtieth Congress, second session. Approved Mar. 4, 1909.] 

For the enforcement of the act approved May twenty-fifth, nine- 
teen hundred, entitled "An act to enlarge the powers of the Depart- 
ment of Agriculture, prohibit the transportation by interstate com- 
merce of game killed in violation of local laws, and for other pur- 
poses," $9,420 j 

For the maintenance of the Montana National Bison Eange and 
other reservations for mammals and birds, $7,000; and so much of 
the $40,000 heretofore appropriated for the Montana National Bison 
Range as remains unexpended is hereby reappropriated, the same to 
be immediately available, to be expended in fencing said lands, the 
erection thereon of the necessary sheds and buildings, and enlarging 
the limits heretofore established so as to make the total acreage not to 



PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 5 

exceed twenty thousand acres, and the President is hereby directed to 
reserve and except from the unallotted lands now embraced within 
the Flathead Indian Reservation, in the State of Montana, a sufficient 
area to enlarge said range as herein provided ; 

For investigating the food habits of North American birds and 
mammals in relation to agriculture, horticulture, and forestry, in- 
cluding experiments and demonstrations in destroying noxious 
animals, $25,000 ; 

For biological investigations, including the relations, habits, geo- 
graphic distribution and migrations of animals and plants and the 
preparation of maps of the life and crop zones, $18,000. 



[Extract, Public, No. 430, Sixty-second Congress, third session. Approved Mar. 4, 1913.] 

For the enforcement of sections two hundred and forty-one, two 
hundred and forty-two. two hundred and forty-three, and two hun- 
dred and forty-four of the act approved March fourth, nineteen 
hundred and nine, entitled "An act to codify, revise, and amend the 
penal laws of the United States," and for the enforcement of section 
one of the act approved May twenty-fifth, nineteen hundred, entitled 
"An act to enlarge the powers of the Department of Agriculture, 
l^rohibit the transportation by interstate commerce of game killed in 
violation of local laws, and for other purposes, $16,000 ; 

For the maintenance of the Montana National Bison Range and 
other reservations under supervision of the Biological Survey, in- 
cluding construction of fencing, wardens' quarters, shelter for ani- 
mals, landings, roads, trails, bridges, ditches, telephone lines, rock- 
work, bulkheads, and other improvements necessary for the economi- 
cal administration and protection of the reservations and for the 
enforcement of section eightj^-four of the act approved March fourth, 
nineteen hundred and nine, entitled "An act to codify, revise, and 
amend the penal laws of the United States," $21,000, of which sirni 
$2,500 may be used for the purchase, capture, and transportation of 
game for national reservations ; 

For the establishment and maintenance of a winter elk refuge in 
the State of Wyoming, $5,000, to be available until expended, and the 
Secretary of Agriculture is hereby authorized to include in said 
refuge and to inclose not more than one thousand acres of unoccupied 
public lands, which when selected shall be made to conform to the 
lines of the public surveys and shall be adjacent to or partly inclosed 
by said refuge ; 

For investigating the food habits of North American birds and 
mammals in relation to agriculture, horticulture, and forestry, in- 
cluding experiments and demonstrations in destroying noxious ani- 
mals, and for investigations and experiments in connection with 
rearing of fur-bearing animals, including mink and marten, $60,000, 
of which sum $15,000 shall be used for the destruction of ground 
squirrels on the national forests; 

For bilogoical investigations, including the relations, habits, geo- 
graphic distribution, and migrations of animals and plants, and the 
preparation of maps of the life and crop zones, $15,000; 



6 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

For g:eneral administrative expenses connected with the above- 
mentioned lines of work, inchiding cooperation with other Federal 
bureaus, departments, boards, and commissions, on request from 
them, $14,000 ; 

All wild geese, wild swans, brant, wild ducks, snipe, plover, wood- 
cock, rail, wild pigeons, and all other migratory game and insectiv- 
orous birds which in their northern and southern migrations pass 
through or do not remain permanently the entire year within the 
borders of any State or Territory, shall hereafter be deemed to be 
within the custody and protection of the Government of the United 
States and shall not be destroyed or taken contrary to regulations 
hereinafter provided therefor. 

The Department of Agriculture is hereby authorized and directed 
to adopt suitable regulations to give effect to the previous paragraph 
by prescribing and fixing closed seasons, having due regard to the 
zones of temperature, breeding habits, and times and line of migra- 
tory flight, thereby enabling the department to select and designate 
suitable districts for different portions of the country, and it shall be 
unlawful to shoot or by any device kill or seize and capture migra- 
tory birds within the protection of this law during said closed sea- 
sons ; and any j^erson who shall violate any of the provisions or regu- 
lations of this law for the protection of migratory birds shall be 
guilty of a misdemeanor and shall be fined not more than $100 or 
imprisoned not more than ninety days, or both, in the discretion of 
the court. 

The Department of Agriculture, after the prepairation of said 
regulations, shall cause the same to be made public and shall allow 
a period of three months in which said regulations may be examined 
and considered before final adoption, permitting, when deemed 
proper, public hearings thereon, and after final adoption shall cause 
the same to be engrossed and submitted to the President of the United 
States for approval : Provided^ however^ That nothing herein con- 
tained shall be deemed to affect or interfere with the local laws of 
the States and Territories for the protection of nonmigratory game 
or other birds resident and breeding within their borders, nor to pre- 
vent the States and Territories from enacting laws and regulations 
to promote and render efficient the regulations of the Department of 
Agriculture provided under this statute. 

There is hereb}' appropriated, out of any moneys in the Treasury 
not otherwise appropriated, for the purpose of carrying out these 
provisions, the sum of $10,000. 



REGULATIONS FOR THE PROTECTION OF MIGRATORY BIRDS. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

Whereas an act of Con<ijress approved March fourth, nineteen hun- 
dred and thirteen, entitled "An act making appropriations for the 
Department of Agriculture for the fiscal year ending June thirtieth, 
nineteen hundred and fourteen" (37 Stat., 847), contains provisions 
as follows : 

All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, 
wild pigeons, and all other migratory game and insectivorous l)irds which in 
their northern and southern migrations pass through or do not remain per- 
manently the entire year within the borders of any State or Territory, shall 
hereafter be deemed to be within the custody and protection of the Government 
of the United States, and shall not be destroyed or taken contrary to regulations 
hereinafter provided therefor. 

The Department of Agriculture is hereby authorized and directed to adopt 
suitable regulations to give effect to the previous paragraph by prescribing and 
fixing closed seasons, having due regard to the zones of temperature, breeding 
habits, and times and line of migratory flight, thereby enal)ling the department 
to select and designate suitable districts for different portions of the country, 
and it shall be unlawful to shoot or by any device kill or seize and capture 
migratory birds within the protection of this law during said closed seasons, 
and any person who shall violate any of the provisions or regulations of this 
law for the protection of migratory birds shall be guilty of a misdemeanor and 
shall be fined not more than $100 or imprisoned not more than ninety days, or 
both, in the discretion of the court. 

The Department of Agriculture, after the preparation of said regulations, shall 
cause the same to be made public, and shall allow a period of three months in 
which said regulations may be examined and considered before final adoption, 
permitting, when deemed proper, public hearings thereon, and after final adop- 
tion shall cause the same to be engrossed and submitted to the President of the 
United States for approval: Provided, however. That nothing herein contained 
shall be deemed to affect or interfere with the local biws of the States and 
Territories for the protection of nonmigratory game or other birds resident and 
breeding within their borders, nor to prevent the States and Territories from 
enacting laws and regulations to promote and render efficient the regulations of 
the Department of Agriculture provided under this statute. 

Whereas the Department of Agriculture has duly prepared suitable' 
regulations to give effect to the foregoing provisions of said act, and 
after the preparation of said regulations has caused the same to be" 
made public and has allowed a period of three months in which said 
regidations might be examined and considered before final adoption, 
and has permitted public hearings thereon; 

And whereas the Department of Agriculture has adopted the regu- 
lations hereinafter set forth and, after final adoption thereof, has 
caused the same to,J)e engrossed and submitted to the President of 
the United States for approval; 

7 



8 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

Now, therefore, I, Woodrow Wilson, President of the United 
States of America, by authority in me vested, do hereby proclaim and 
make known the following regulations for carrying into effect the 
foregoing provisions of said act : 

Regulation 1. — Definitions. 

For the purposes of these regulations the following shall be con- 
sidered migratory game birds: 

{a) Anatidae or waterfowl, including brant, wild ducks, geese, and 
swans. 

{h) Gruidse or cranes, including little brown, sandhill, and whoop- 
ing cranes. 

{c) Rallidse or rails, including coots, gallinules, and sora and other 
rails. 

{d) Limicolse or shore birds, including avocets, curlew, dow- 
itchers, godwits, knots, oyster catchers, phalaropes, plover, sand- 
pipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and 
yellow legs. 

{e) Columbidse or pigeons, including doves and wild pigeons. 

For the purposes of these regulations the following shall be con- 
sidered migratory insectivorous birds : 

(/) Bobolinks, catbirds, chickadees, cuckoos, flickers, flycatchers^ 
grosbeaks, humming birds, kinglets, martins, meadowlarks, night- 
hawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, 
swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, whip- 
poorwills, woodpeckers, and wrens, and all other perching birds 
which feed entirely or chiefly on insects. 

Regulation 2. — Closed season at night. 

A daily closed season on all migratory game and insectivorous 
birds shall extend from sunset to sunrise. 

Regulation 3. — Closed season on insectivorous birds. ' 

A closed season on migratory insectivorous birds shall continue to 
December 31, 1913, and each year thereafter shall begin January 1 
and continue to December 31, both dates inclusive, provided that 
nothing in this or any other of these regulations shall be construed 
to prevent the issue of permits for collecting birds for scientific pur- 
poses in accordance with the laws and regulations in force in the 
respective States and Territories and the District of Columbia ; and 
provided further that the closed season on reedbirds or ricebirds in 
Maryland, the District of Columbia, Virginia, and South Carolina 
shall begin November 1 and end August 31 next following, both dates 
inclusive. 

Regulation 4. — Five-year closed seasons on certain game birds. 

A closed season shall continue until September 1, 1918, on the fol- 
lowing migratory game birds: Band-tailed pigeons, little brown, 
sandhill, and whooping cranes, swans, curlew, and all shore birds 
except the black-breasted and golden plover, Wilson or jack snipe^ 
woodcock, and the greater and lesser yellowlegs. 



PROTECTION or MIGRATORY BIRDS AND GAME RESERVES. 9 

A closed season shall also continue until September 1, 1918. on 
wood ducks in Maine, New Hampshire, Vermont, Massachusetts. 
Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, 
West Virginia, Ohio, Indiana, Illinois, Michifjan, Wisconsin, Min- 
nesota, loAva, Kansas, California, Oregon, and Washington; on rails 
in California and Vermont; and on woodcock in Illinois and 
Missouri. 

Regulation 5. — Closed season on certain navigable rivers. 

A closed season shall continue between January 1 and December 
31, both dates inclusive, of each year on all migratory birds passing 
over or at rest on any of the waters of the main streams of the fol- 
lowing navigable rivers, to wit : The Mississippi River between Min- 
neapolis, Minn., and Memphis, Tenn., a-nd the Missouri River be- 
tween Bismarck, N. Dak., and Nebraska City, Nebr. ; and on the 
killing or capture of any of such birds on or over the shores of any 
of said rivers, or at any point within the limits aforesaid, from any 
boat, raft, or other device, floating or otherwise, in or on any such 
waters. 

Regulation 6. — Zones. 

The following zones for the protection of migratory game and 
insectivorous birds are hereby established : 

Zone No. 7, the breeding zone, comprising States lying wholly or 
in part north of latitude 40° and the Ohio River, and including Maine, 
New Hampshire, Vermont, Massachusetts, Rhode Island, Connecti- 
cut, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, 
Michigan, Wisconsin, Minnesota, Iowa, North Dakota, South Da- 
kota, Nebraska, Colorado, Wyoming, Montana, Idaho, Oregon, and 
Washington — 25 States. 

Zone No. ^, the wintering zone, comprising States lying wholly or 
in part south of latitude 40° and the Ohio River, and including 
Delaware, Maryland, the District of Columbia, West Virginia, Vir- 
ginia, North Carolina, South Carolina, Georgia, Florida, Alabama, 
Mississippi, Tennessee, Kentucky, Missouri, Arkansas, Louisiana, 
Texas, Oklahoma, Kansas, New Mexico, Arizona, California, Ne- 
vada, and Utah — 23 States and the District of Columbia. 

Regulation 7. — C onstruction. 

For the purposes of regulations 8 and 9, each period of time 
therein prescribed as a closed season shall be construed to include 
the first day and to exclude the last day thereof. 

Regulation 8. — Closed seaso7is in zone No. 1. 

Closed seasons in zone No. 1 shall be as follows : 
Waterfowl. — The closed season on waterfowl shall be between 
December 16 and September 1 next following, except as follows : 

Exceptions. — In Massachusetts the closed season shall be between January 1 
and September 15 ; 

In New York, except Long Island, the closed season shall be between Decem- 
ber 16 and September 16 ; 

2928°— 20 2 



10 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

On Long Island and in Oregon and Washington the closed season shall be 
between January 16 and October 1 ; 

In New Jersey the closed season shall be between February 1 and Novem- 
ber 1 ; and 

In Minnesota, North Dakota, South Dakota, and Wisconsin the closed season 
shall be between December 1 and September 7. 

Rails. — The closed season on rails, coots, and gallinules shall be 
between December 1* and September 1 next following, except as 
follows : 

Eo^cepHons. — In Massachusetts, New Hampshire, and Rhode Island the closed 
season shall be between December 1 and August 15 ; 

In Connecticut. Michigan, and New York, and on Long Island, the closed 
season shall be between December 1 and September 16; 

In Minnesota, North Dakota, South Dakota, and Wisconsin the closed season 
shall be between December 1 and September 7 ; and 

In Oregon and Washington the closed season shall be between January 16 
and October 1. 

Woodcock. — The closed season on woodcock shall be between De- 
cember 1 and October 1 next following, except as follows : 

Exceptions. — In Connecticut, Massachusetts, and New Jersey the closed sea- 
son shall be between December 1 and October 10. 

In Rhode Island the closed season shall be between December 1 and No- 
vember 1 ; and 

In Penn.sylvania and on Long Island the closed season shall be between 
December 1 and October 15. 

Shore birds. — The closed season on black-breasted and golden 
plover, jacksnipe or Wilson snipe, and greater and lesser yellowlegs 
shall be between December 16 and September 1 next following, 
except as follows: 

Exceptions. — In Maine, Massachusetts, New Hampshire, Rhode Island, and 
on Long Island the closed season shall be between December 1 and August 15; 

In New York, except Long Island, the closed season shall be between De- 
cember 1 and September 16 ; 

In Minnesota, North Dakota, South Dakota, and Wisconsin the closed season 
shall be between December 1 and September 7 ; and 

In Oregon and Washington the closed season shall be between December 16 
and October 1. 

Regulation 9. — Closed seasons in zone No. 2. 

Closed seasons in zone No. 2 shall be as follows : 
Waterfoivl. — The closed season on waterfowl shall be between 
January 16 and October 1 next following, except as follows : 

Exceptions. — In Delaware, Maryland, Virginia, North Carolina, Alabama, 
Mississippi, Louisiana, and Texas the closed season shall be between Febru- 
ary 1 and November 1 ; 

In the District of Columbia, Kansas, New Mexico, and West Virginia the 
closed season shall be between December 16 and September 1 ; 

In Florida, Georgia, and South Carolina the closed season shall be between 
February 16 and November 20 ; 

In Missouri and Nevada the closed season shall be between January 1 and 
September 15 ; and 

In Arizona and California the closed sea.son shall be between February 1 and 
October 15. 

Rails. — The closed season on rails, coots, and gallinules shall be 
between December 1 and September 1 next following, except as 
follows : 

Exceptions. — In Tennessee and Utah the closed season shall be between De- 
cember 1 and October 1 ; 



PEOTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 11 

In Missouri the closed season shall be between January 1 and September 15 ; 

In Louisiana the closed season shall be between February 1 and November 
1 ; and 

In Arizona and California the closed season on coots shall be between Feb- 
ruary 1 and October 15. 

Woodcock. — The closed season on woodcock shall be between 
January 1 and November 1, except as follows : 

Exceptions. — In Delaware and Louisiana the closed season shall be between 
January 1 and November 15. 

In West Virginia the closed season shall be between December 1 and October 
1; and 

In Georgia the closed season shall be between January 1 and December 1. 

Shore birds. — The closed season on black-breasted and golden 
plover, jacksnipe or Wilson snipe, and greater and lesser yellowlegs 
shall be between December 16 and September 1 next following, ex- 
cept as follows : 

Exceptions. — In Florida, Georgia, and South Carolina the closed season shall 
be between February 1 and November 20. 

In Alabama, Louisiana, Mississippi, and Texas the closed season shall be 
between February 1 and November 1. 

In Tennessee the closed season shall be between December 16 and October 1. 

In Arizona and California the closed season shall be between February 1 and 
October 15 ; and 

In Utah the closed season on snipe shall be between December 16 and October 
1, and on plover and yellowlegs shall be until September 1, 1918. 

Regulations 10. — Hearings. 

Persons recommending changes in the regulations or desiring to 
submit evidence in person or by attorney as to the necessity for such 
changes should make application to the Secretary of Agriculture. 
Whenever possible hearings will be arranged at central points, and 
due notice thereof given by publication or otherwise as may be 
deemed appropriate. Persons recommending changes should be pre- 
pared to show the necessity for such action and to submit evidence 
other than that based on reasons of personal convenience or a desire 
to kill game during a longer open season. 

In witness whereof I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the city of Washington, this first day of October, in the 
year of our Lord one thousand nine hundred and thirteen 
[seal.] and of the independence of the United States the one 
hundred and thirty-eighth. 

WooDRow Wilson. 
By the President : 

W. J. Bryan, /Secretary of /State, 



MIGRATORY BIRD TREATY ACT. 



[Public, No. 186, 65th Congress. S. 1553.] 

AN ACT To give effect to the convention between tlie United States and Great 
Britain for the protection of migratoi-y birds concluded at Washington, 
August sixteenth, nineteeen hundred and sixteen, and for other purposes. 

Be it enacted hy the Senate and House of Representatives of the 
United States of Amei^lca in Congress assevihled^ That this act shall 
be known by the short title of the " Migratory Bird Treaty act." 

Sec. 2. That unless and except as permitted by regulations made 
as hereinafter provided, it shall be unlawful to hunt, take, capture, 
kill, attempt to take, capture or kill, possess, offer for sale, offer 
to purchase, purchase, deliver for shipment, ship, cause to be shipped, 
deliver for transportation, transport, cause to be transported, carry 
or cause to be carried by any means whatever, receive for shipment, 
transportation or carriage, or export, at any time or in any manner, 
any migratory bird, included in the terms of the convention between 
the United States and Great Britain for the protection of migratory 
birds concluded August sixteenth, nineteen hundred and sixteen, or 
any part, nest, or egg of any such bird. 

Sec. 3. That subject to the provisions and in order to carry out 
the purposes of the convention, the Secretary of Agriculture is au- 
thorized and directed, from time to time, having due regard to the 
zones of temperature and to the distribution, abundance, economic 
value, breeding habits, and times and lines of migratory flight of such 
birds, to determine when, to what extent, if at all, and by wdiat means, 
it is compatible with the terms of the convention to allow hunting, 
talking, capture, killing, possession, sale, purchase, shipment, trans- 
portation, carriage, or export of any such bird, or any part, nest, or 
Gigg thereof, and to adopt suitable regulations permitting and govern- 
ing the same, in accordance with such determinations, which regula- 
tions shall become effective when approved by the President. 

Sec. 4. That it shall be unlawful to ship, transport, or carry, by 
any means whatever, from one State, Territory, or District to or 
through another State, Territory, or District, or to or through a 
foreign country, any bird, or any part, nest, or egg thereof, captured, 
killed, taken, shipped, transported, or carried at any time contrary to 
the laws of the State, Territory, or District in which it was captured, 
killed, or taken, or from which it was shipped, transported, or carried. 
It shall be unlawful to import any bird, or any part, nest, or egg 
thereof, captured, killed, taken, shipped, transported, or carried con- 
trary to the laws of any Province of the Dominion of Canada in 
which the same was captured, killed, or taken, or from which it was 
shipped, transported, or carried. 
12 



PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 13 

Sec. 5. That any employee of the Department of A(rri culture au- 
thorized by the Secretary of Agriculture to enforce the provisions 
of this act shall have power, without warrant, to arrest any person 
committino; a violation of this act in his presence or view and to take 
such person immediately for examination or trial before an officer or 
court of competent jurisdiction; shall have power to execute any 
warrant or other process issued by an officer or court of competent 
jurisdiction for the enforcement of the provisions of this act; and 
shall have authority, with a search warrant, to search any place. 
The several judges of the courts established under the laws of 
the_ United States, and United States commissioners may, within 
their respective jurisdictions, upon proper oath or affirmation show- 
ing probable cause, issue warrants in all such cases. All birds, or 
parts, nests, or eggs thereof, captured, killed, taken, shipped, trans- 
ported, carried, or possessed contrary to the provisions of this act or 
of any regulations made pursuant thereto shall, when found, be seized 
by any such employee, or by any marshal or deputy marshal, and, 
upon conviction of the offender or upon judgment of a court of the 
United States that the same were captured, killed, taken, shipped, 
transported, carried, or possessed contrary to the provisions of this 
act or of any regulation made pursuant thereto, shall be forfeited to 
the United States and disposed of as directed by the court having 
jurisdiction. 

Sec. 6. That any person, association, partnership, or corporation 
who shall violate any of the provisions of said convention or of this 
act, or who shall violate or fail to comply with any regulation made 
pursuant to this act, shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be fined not more than $500 or be 
imprisoned not more than six months, or both. 

Sec. T. That nothing in this act shall l>e construed to prevent the 
several States and Territories from making or enforcing laws or 
regulations not inconsistent wdth the provisions of said convention or 
of this act, or from making or enforcing laws or regulations which 
shall give further protection to migratory birds, their nests, and eggs, 
if such laAvs or regulations do not extend the open seasons for such 
birds beyond the datas approved by the President in accordance with 
section three of this act. 

Sec. 8. That until the adoption and approval, pursuant to section 
three of this act, of regulations dealing with migratory birds and 
their nests and eggs, such migratory birds and their nests and eggs as 
are intended and used exclusively for scientific or propagating pur- 
poses may be taken, captured, killed, possessed, sold, purchased, 
shipped, and transported for such scientific or propagating purposes 
if and to the extent not in conflict with the laws of the State, Terri- 
tory, or District in which they are taken, captured, killed, possessed, 
sold, or purchased, or in or from which they are shipped or trans- 
ported if the packages containing the dead bodies or the nests or eggs 
of such birds when shipped and transported shall be marked on the 
outside thereof so as accurately and cl-early to show the name and 
address of the shipper and the contents of the package. 

Sec. 9. That the unexpended balances of any sums appropriated 
by the agricultural appropriation acts for the fiscal years nineteen 
hundred and seventeen and nineteen hundred and eighteen, for en- 



14 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

forcing the provisions of the act approved March fourth, nineteen 
hundred and thirteen, relating to the protection of migratory game 
and insectivorous birds, are hereby reappropriated and made avail- 
able until expended for the expenses of parrying into effect the pro- 
visions of this act and regulations made pursuant thereto, including 
the payment of such rent, and the employment of such persons and 
means, as the Secretary of Agriculture may deem necessary, in the 
District of Columbia and elsewhere, cooperation with local authorities 
in the protection of migratory birds, and necessary investigations 
connected therewith : Provided^ That no person who is subject to the 
draft for service in the Army or Navy shall be exempted or excused 
from such service by reason of his employment under this act. 

Sec. 10. That if any clause, sentence, paragraph, or part of this 
act shall, for any reason, be adjudged by any court of competent 
jurisdiction to be invalid, such judgment shall not affect, impair, or 
invalidate the remainder thereof, but shall be confined in its opera- 
tion to the clause, sentence, paragraph, or part thereof directly 
involved in the controversy in which such judgment shall have been 
rendered. 

Sec. 11. That all acts or parts of acts inconsistent with the pro- 
visions of this act are iiereby repealed. 

Sec. 12. Nothing in this act shall be construed to prevent the 
breeding of migratory game birds on farms and preserves and the 
sale of birds so bred under proper regulation for the purpose of 
increasing the food supply. 

Sec. 13. That this act shall become effective immediately upon its 
passage and approval. 

Approved, July 3, 1918. 



[Extract from Public No. 219, 65th Cong.] 

For all necessary expenses for enforcing the provisions of the act 
approved March fourth, nineteen hundred and thirteen (Thirty- 
seventh Statutes at Large, pages eight hundred and forty-seven and 
eight hundred and forty-eight), relating to the protection of migra- 
tory game and insectivorous birds, and any act of Congress to give 
effect to the treaty with Great Britain relating to migratory birds, 
and for cooperation with local authorities in the protection of migra- 
tory birds, and for necessary investigations connected thereAvith, 
$50,000. 

All wild geese, wild swans, brant, wild ducks, snipe, plover, W'Ood- 
cock, rail, wild pigeons, and all other migratory game and insectiv- 
orous birds which in their northern and southern migrations pass 
through or do not remain permanently the entire year within the 
borders of any State or Territory, shall hereafter be deemed to be 
within the custody and protection of the Government of the United 
States, and shall not be destroyed or taken contrary to regulations 
hereinafter provided therefor. 

The Department of Agriculture is hereby authorized and directed 
to adopt suitable regulations to give effect to the previous paragrai:)h 
by prescribing and fixing closed seasons, having due regard to the 
zones of temperature, breeding habits, and times and line of migra- 



PROTECTIOISr OF MIGRATORY BIRDS AND GAME RESERVES. 15 

tory flight, thereby enabling the department to select and designate 
suitable districts for different portions of the country, and it shall be 
unlawful to shoot or by any device kill or seize and capture migra- 
tory birds within the protection of this laAv during said closed seasons, 
and any person who shall violate any of the provisions or regulations 
of this law" for the protection of migratory birds shall be guilty of a 
misdemeanor and shall be fined not more than $100 or imprisoned 
not more than ninety days, or both, in the discretion of the court. 

The Department of Agriculture, after the preparation of said regu- 
lations, shall cause the same to be made public, and shall allow a 
period of three months in which said regulations may be examined 
and considered before final adoption, permitting, when deemed 
proper, public hearings thereon, and after final adoption shall cause 
the same to be engrossed and submitted to the President of the United 
States for approval : Provided^ however^ That nothing herein con- 
tained shall be deemed to affect or interfere with the local laws of the 
States and Territories for the protection of nonmigratory game or 
other birds resident and breeding within their borders, nor to pre- 
vent the States and Territories from enacting laws and regulations 
to promote and render efficient the regulations of the Department of 
Agricultvire provided under this statute 

There is hereby appropriated, out of any moneys in the Treasury 
n.ot otherwise appropriated, for the purpose of carrying out these 
provisions, the sum of $10,000. 



SERVICE AND REGULATORY ANNOUNCEMENTS. 



Migratory bird treaty, act, and regulations ^ — Convention between tlie United 
States and Great Britain for the protection of migratory birds in the United 
States and Cailada.^ 

[39 Stat., 1702.] 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

Whereas a convention between the United States of America and 
the United Kingdom of Great Britain and Ireland for the protection 
of migratory birds in the United States and Canada was conchided 
and signed by their respective plenipotentiaries at Washington on 
the sixteenth day of August^ one thousand nine hundred and sixteei>. 
the original of which convention is word for word as follows : 

Whereas many species of birds in the course of their annual migra- 
tions traverse certain parts of the United States and the Dominion 
of Canada; and 

Whereas many of these species are of great value as a source of 
food or in destroying insects which are injurious to forests and 
forage plants on the public domain, as well as to agricultural crops, 
in both the United States and Canada, but are nevertheless in danger 
of extermination through lack of adequate protection during the 
nesting season or while on their way to and from their breeding 
grounds ; 

The United States of America and His Majesty the King of the 
United Kingdom of Great Britain and Ireland and of the British 
Dominions beyond the Seas, Emjjeror of India, being desirous of 
saving from indiscriminate slaughter and of insuring the preserva- 
tion of such migratory birds as are either useful to man or are harm- 
less, have resolved to adopt some uniform system of protection which 
shall effectively accomplish such objects and to the end of concluding 

1 Including amendments of the regulations approved October 25, 1918, and July 28, 1919. 

2 This treaty was signed on August 16, ratified by the Senate August 29, by the Presi- 
dent September 1, and by Great Britain October 20 ; ratifications thereof were exchanged 
December 7, and it was proclaimed by the President December 8, 1916. 

Canada, by an act of Parliament approved August 29, 1917, gave full effect to this 
convention, and promulgated regulations thereunder May 11, 1918. 

The Constitution of the United States contains the following provisions in regard to 
treaties : 

" This Constitution, and he laws of the United States which shall be made in pursuance 
thereof : and all treaties made, or which shall be made, under the authority of the United 
States shall be the supreme law of the land : and the .judges in every State shall bo 
bound thereby, anything in the constitution or laws of any State to the contrary not" 
withstanding." (Ar^ VI, par. 2.) 

16 



PEOTECTIOlSr OF MIGEATORY BIRDS A:N^D GAME RESER\'ES. 17 

a convention for this purpose have appointed as their respective 
Plenipotentiaries : 

The President of the United States of America, Robert Lansing, 
Secretary of State of the United States ; and 

His Britannic Majesty, the Right Honorable Sir Cecil Arthur 
Spring Rice, G. C. V. O., K. C. M. G., etc.. His Majesty's ambassador 
extraordinary and plenij^otentiary at Washington; 

Who, after having communicated to each other their respective 
full powers which Avere found to be in due and proper form, have 
agreed to and adopted the following articles : 

Article I. 

The high contracting powers declare that the migratory birds included in the 
terms of this convention shall be as follows: 

1. Migratory game birds : 

(a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans. 

(6) Gruidae or crai-es, including little brown, sandhill, and whooping cranes. 

(c) Rallidae or rails, including coots, gallinules and sora and other rails. 

{(I) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, 
knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, 
turnstones, willet, woodcock, and yellowlegs. 

(e) Columbidea or pigeons, including doves and wild pigeons. 

2. Migratory insectivorous birds : Bobolinks, catbirds, chickadees, cuckoos, 
flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, 
nighthawks or bull bats, nut-hatches, orioles, robins, shrikes, swallows, swifts, 
tanagers, titmice, thrushes, vireos, warblers, wax-wings, whippoorwills, wood- 
peckers, and wrens, and all other perching birds which feed entirely or chiefly 
on insects. 

3. Other migratory nongame birds : Auks, auklets, bitterns, fulmars, gannets, 
grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shear- 
waters and terns. 

Aetici.e II. 

The high contracting powers agree that, as an effective means of preserving 
migratory birds there shall be established the following close seasons, during 
which no hunting shall De done except for scientific or propagating purposes 
under permits issued b.v proper authorities. 

1. The close season on migratory game birds shall be between March 10 and 
Septem])er 1, except that the close season on tlie Limicolae or shorebirds in the 
Maritime Provinces of Canada and in those States of the United States border- 
ing on the Atlantic Ocean which are situated wholly or in part north of Chesa- 
peake Bay shall be between February 1 and August 15, and that Indians may 
take at any time scoters for food but not for sale. The season for hunting shall 
be further restricted to such period not exceeding three and one-half months as 
the high contracting powers may severally deem appropriate and define by law 
or regulation. 

2. The close season on migratory insectivorous birds shall continue through- 
out the year. 

3. The close season on other migratory nongame birds shall continue through- 
out the year, except that Eskimos and Indians may take at any season auks, 
auklets, guillemots, murres and puffins, and their eggs, for food and their skins 
for clothing, but the birds and eggs so taken shall not be sold or offered for sale. 

Article III. 

The high contracting powers agree that during the period of ten years next 
following the going into eftect of this convention, there shall be a continuous 
close s-eason on the following migratory game birds, to wit : 

Band-tailed pigeons, little brown, sandhill and whooping cranes, swans, 
curlew and all shorebirds (except the black-breasted and golden plover. Wilson 
or jacksnipe, woodcock, and the greater and lesser yellowlegs) ; provided that 
during such ten years the close season on cranes, swans, and curlew in the 



18 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

Province of British Columbia shall be made by the proper authorities of that 
Province within the general dates and limitations elsewhere prescribed in tl\is 
convention for the respective groups to whicli these birds belong. 

Article IV. 

The high contracting powers agree that special protection shall be given the 
wood duck and the eider duck either (1) by a close season extending over a 
period of at least five years, or (2) by the establishment of refuges, or (3) by 
such otlier regulations as may be deemed appropriate. 

Article V. 

The taking of nes'ts or eggs of migratory game or insectivorous or nongame 
birds shall be prohibited, except for scientific or propagating purposes under 
such laws or regulations as the high contracting powers may severally deem 
appropriate. 

Article VI. 

The high contracting powers agree that the sliipment or export of migratory 
birds or their eggs from any State or Province, during the continuance of the 
close season in such State or Province, shall be prohibited except for scientific 
or propagating purposes, and the international traffic in any birds or eggs at 
such time captured, killed, taken, or shipped at any time contrary to tlie laws of 
the State or Province in which the same were captured, killed, taken, or shipped 
shall be likewise proliibited. Every package containing migratory birds or any 
parts thereof or any eggs of migratory birds transported, or offered for trans- 
portation from the United States into the Dominion of Canada or from the 
Dominion of Canada into the United States, shall have the name and address of 
tlie shipper and an accurate statement of the contents clearly marked on the 
outside of such package. 

Article VII. 

Permits to kill any of the above-named birds which, under extraordinary 
conditions, may become seriously injurious to the agricultural or other interest.^ 
in any particular community, may be issued by the proper authorities of the high 
contracting powers under suitable regulations prescribed therefor by them re- 
spectively, but such permits shall lapse, or may be canceled, at any time when, 
in the opinion of said authorities, the particular exigency has passed, and no 
bii'ds killed under this article shall be shipped, sold, or offered for sale. 

Article VIII. 

The high contracting powers agree themselves to take, or propose to their 
respective appropriate law-making bodies, tlie necessary measures for insuring 
the execution of the present convention. 

Article IX. 

The present convention shall be ratified by the President of the United States 
of America, by and with the advice and consent of the Senate thereof, and by 
His Britannic Majesty. The ratifications shall be exchanged at Washington as 
soon as possible and the convention shall take effect on the date of the exchange 
of the ratifications. It shall remain in force for fifteen years, and in the event of 
neither of the High Contracting Powers having given notification, twelve months 
before the expiration of said period of fifteen years, of its intention of terminat- 
ing its operation, tlie convention shall continue to renrain in force for one year 
and so on from year to year. 

In faith whereof, the respective plenipotentiaries have signed the 
present convention in duplicate and have hereunto affixed their seals. 
Done at Washington this sixteenth day of August, one thousand 
nine hundred and sixteen. 

Robert Lansing. [seal.] 

Cecil Spring Rice, [seal.] 



PKOTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 19' 

And whereas the said convention has been duly ratified on both 
parts, and the ratifications of the two Governments were exchanged 
in the city of Washington, on the seventh day of December, one thou- 
sand nine hundred and sixteen ; 

Now, therefore, be it known that I, Woodrow Wilson, President of 
the United States of America, have caused the said convention to be 
made public, to the end that the same and every article and clause 
thereof may be observed and fulfilled with good faith by the United 
States and the citizens thereof. 

In testimony a hereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this eighth day of December in the 
year of our Lord one thousand nine hundred and sixteen^ 
[seal.] and of the Independence of the United States of America 
the one hundred and forty-first, 

Woodrow Wilson. 
By the President: 
EoBERT Lansing, 

Secretary of State. 



MIGRATORY BIRD TREATY ACT REGULATIONS. 



(The following regulations are as approved and promulgated bv the President, July 31, 
1918, and amended Oct. 25, 1918, and July 28, 1919.] 

Regulation 1. — De'linitio7is of migratory birds. 

Migratory birds, included in the terms of the convention between 
the United States and Great Britain for the protection of migratory 
birds, concluded August 16, 1916, are as follows : 

1. Migratory game birds: 

(a) Anatidae, or waterfowl, including brant, Avild ducks, geese, 
and swans. 

(b) Gruidae, or cranes, including little brown, sandhill, and whoop- 
ing cranes. 

(e) Eallidae, or rails, including coots, gallinules, and sora and 
other rails. 

(d) Limicolae, or shorebirds, including avocets, curlews, dow- 
itchers, godwits, knots, oyster catchers, phalaropes, plovers, sand- 
pipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and 
yellowlegs. 

(e) Columbidae, or pigeons, including doves and wild pigeons. 

2. Migratory insectivorous birds: Bobolinks, catbirds, chickadees, 
cuckoos, flickers, flycatchers, grosbeaks, hummingbirds, kinglets, 
martins, meadowlarks, nighthawks or bull-bats, nuthatches, orioles, 
robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, 
warblers, waxwings, whippoorwills, Avoodpeckers, and wrens, and 
all other perching birds which feed entirely or chiefly on insects. 

3. Other migratory nongame birds: Auks, auklets, bitterns, ful- 
mars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, 
petrels, puffins, shearwaters, and terns. 

Regulation 2. — D e-finitions of terms. 

For the purposes of these regulations the following terms shall be 
construed, respectively, to mean — 

Secretary. — The Secretary of Agriculture of the United States. 

Person. — The plural or the singular, as the case demands, includ- 
ing individuals, associations, partnerships, and corporations, unless 
the context otherwise requires. 

Tal^e. — The pursuit, hunting, capture, or killing of migratory birds 
in the manner and by the means specifically permitted. 

Open season. — The time during which migratory birds may be 
taken. 

Transport. — Shipping, transporting, carrying, exporting, receiv- 
ing or delivering for shipment, transportation, carriage, or export. 

20 



PROTECTIOK OF MIGRATORY BIRDS AND GAME RESERVES. 21 

Regulation 3. — Means hy iL^hich mnigratory game birds may he taken. 

The mifjratory game birds specified in Regulation 4 hereof may be 
taken during the open season with a gun only, not larger than num- 
ber 10 gauge, fired from the shoulder, except as specifically per- 
mitted by Regulations 7, 8, 9, and 10 hereof; they may be taken 
during the open season from the land and water, from a blind or 
floating device (other than an airplane, power boat, sailboat, any boat 
under sail, or any floating device towed by powerboat or sailboat), 
with the aid of a dog, and the use of deco^^s. 

[As amended July 28, 1919.] 

Regulation 4. — Open seasons on and possession of certain migratory 

game birds. 

For the purpose of this regulation, each period of time herein pre- 
scribed as an open season shall be construed to include the first and 
last days thereof. 

Waterfowl (except wood duck, eider ducks, and swans), rails, coot,- 
gallinules, black bellied and golden plovers, greater and lesser yel- 
lowlegs. woodcock, Wilson snipe or jacksnipe, and mourning and 
white- winged doves may be taken each day from half an hour before 
sunrise to sunset during the open seasons prescribed therefor in this 
regulation, by the means and in the numbers permitted by Regula- 
tions 3 and 5 hereof, respectively, and when so taken, each species 
may be possessed an}^ day during the respective open seasons herein 
prescribed therefor and for an additional period of 10 days next 
succeeding said open season. 

Waterfoivl (except tvood duck., eider dnck, and sivans)., coot, galli- 
nules, and Wilson snipe or jacksnipe. — The open seasons for water- 
fowl (except wood duck, eider ducks, and swans), coot, gallinules, 
and Wilson snipe or jacksnipe shall be as follows : 

In Maine, New Hampshire, Vermont, Massachusetts, New York 
(except Long Island), Pennsylvania, Ohio, West Virginia, Ken- 
tucky, Indiana, Michigan, Wisconsin, Illinois, Minnesota, Iowa, Mis- 
souri, North Dakota, South Dakota, Nebraska, Kansas, Colorado, 
Wyoming, Montana, Idaho, Nevada, and that portion of Oregon and 
Washington lying east of the summit of the Cascade Mountains the 
open season shall be from September 16 to December 31 ; 

In Rhode Island, Connecticut. Utah, and that portion of Oregon 
and Washington lying west of the summit of the Cascade Mountains 
the open season shall be from October 1 to January 15 ; 

In that portion of New York known as Long Island, and in New 
Jersey, Delaware, Oklahoma, Texas, New Mexico, Arizona, and 
California the open season shall be from October 16 to January 31 ; 

In Maryland, the District of Columbia, Virginia, North Carolina, 
South Carolina, (xeorgia, Florida, Alabama, Mississippi. Tennessee, 
Arkansas, and Louisiana the open season shall be from November 1 
to January 31 ; and 

In Alaska the open season shall be from September 1 to Decem- 
ber 15. 



22 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

Rails {except coot and gallinules). — The open season for sora and 
other rails (except coot and gallinules) shall be from September 1 to 
November 30, except as follows : 

In Louisiana the open season shall be from November 1 to Jan- 
uary 31. 

Black-hellied and golden plovers and greater and lesser yellow- 
legs. — The open seasons for black-bellied and golden plovers and 
greater and lesser yellowlegs shall be as follows : 

In Maine, New Hamsphire, Massachusetts, Rhode Island, Con- 
necticut, New York, New Jersey, Delaware, Maryland, and Virginia 
the open season shall be from August 16 to November 30; 

In the District of Columbia, North Carolina, South Carolina, Ten- 
nessee. Arkansas, Oklahoma, Texas, New Mexico, Arizona, Califor- 
nia, and Alaska the open season shall be from September 1 to De- 
cember 15 ; 

In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, In- 
diana, Michigan, Wisconsin, Illinois, Missouri, loAva, Minnesota, 
North Dakota, South Dakota, Nebraska, Kansas, Colorado, Wyo- 
ming. Montana, Idaho, Nevada, and that portion of Oregon and 
Washington lying east of the summit of the Cascade Mountains the 
open season shallbe from September IC to December 31; 

In Utah and in that portion of Oregon and Washington lying west 
of the summit of the Cascade Mountains the open season shall be 
from October 1 to January 15 ; and 

In Georgia, Florida, Alabama, Mississippi, and Louisiana the open 
season shall be from November 1 to January 31. 

^¥oodcock. — The open seasons for woodcock shall be as follows : 

In Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Pennsylvania, Ohio, West Vir- 
ginia, Kentucky, Indiana, Michigan, Wisconsin. Illinois, Missouri, 
Iowa, Minnesota, North Dakota, South Dakota, Nebraska, and Kan- 
sas the open season shall be from October 1 to November 30 ; and 

In Delaware. Maryland, the District of Columbia, Virginia, North 
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, 
Tennessee, Arkansas, Louisiana, Texas, and Oklahoma the open 
season shall be from November 1 to December 31. 

Doves. — The open seasons for mourning doves shall be as follows: 

In Delaware, Maryland, Virginia, Tennessee, Kentucky, Ohio, In- 
diana, Illinois, Nebraska, Kansas, Missouri, Arkansas, Oklahoma, 
Texas, New Mexico, Colorado, Utah, Arizona, California, Nevada, 
Idaho, and Oregon the open season shall be from September 1 to 
December 15 ; 

In North Carolina, Mississippi, and Louisiana the open season 
shall be from September 16 to December 31 } and 

In South Carolina, Georgia, Florida, and Alabama the open season 
shall be from October 16 to January 31. 

[As amended Oct. 25, 1918, and July 28. 1919.] 

Regulation 5. — Bag limits on certain migratory game hirds. 

A person may take in any one day during the open seasons pre- 
scribed therefor in Regulation 4 not to exceed the following numbers 
of migratory game birds : 



PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 23 

DucJ^s {except loood duck and eider ^?/e/,'6).— Twenty-five in the 
agorregate of all kinds. 

Geese. — Eight in the aggregate of all kinds. 

Brant. — Eight. 

Rails., coot, and gallhiules {except sora). — Twenty-five in the ag- 
gregate of all kinds. 

Sora. — Fifty. 

Black -hell led and golden plovers and greater and lesser yellow- 
legs. — Fifteen in the aggregate of all kinds. 

Wilson snipe, or jacl'snipe. — Twenty-five. 

Woodcock. — Six. 

Doves {mourning). — Twenty-five. 

[As amended Oct. 2.5, 1918, and July 28, 1919.] 

Eegulation 6, — Shijjment and transportation of certain migratory 

game hirds. 

Waterfowl (except wood duck, eider ducks, and swans), rails, coot, 
gallinules, black-bellied and golden plovers, greater and lesser yel- 
lowlegs, woodcock, Wilson snipe or jacksnipe, and mourning and 
white-winged doves and parts thereof legally taken may be trans- 
ported in or out of the State where taken during the respective open 
seasons in that State, and may be imported from Canada during the 
open season in the Province where taken, in any manner, but not 
more than the numlier thereof that may be taken in two days by one 
person under these regulations shall be transported by one person 
in one calendar week out of the State Avhere taken; any such migra- 
tory game birds or parts thereof in transit during the open season 
may continue in transit such additional time immediately succeeding 
such open season, not to exceed five days, necessary to deliver the same 
to their destination ; and any package in which niigratory game birds 
or parts thereof are transported shall have the name and address of 
the shipper and of the consignee and an accurate statement of the 
numbers and kinds of birds contained therein clearly and conspicu- 
ously marked on the outside thereof; but no sucli birds shall be trans- 
ported from any State, Territory, or District to or through another 
State, Territory, or District, or to or through a Province of the Do- 
minion of Canada contrary to the laws of the State, Territory, or 
District, or Province of the Dominion of Canada in which they were 
taken or from which they are transported ; nor shall any such birds 
be transported into any State, Territory, or District from another 
State, Territory, or District, or from any State, Territory, or District 
into any Province of the Dominion of Canada at a time when such 
State, Territory, or District, or Province of the Dominion of Canada 
prohibits the jDossession or transportation thereof. 

[As amended October 25, 1918.] 

Regulation 7. — Taking of certain migratory nongame hirds hy Es- 
kimos and Indians in Alaska. 

In Alaska Eskimos and Indians may take for the use of themselves 
and their immediate families, in any manner and at any time, and 
possess and transport auks, auklets, guillemots, murres, and puffins 
and their eggs for food, and their skins for clothing. 



24 PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

Regulation 8. — Permits to propagate and sell migratory waterfowls 

1. A person may take in any manner and at any time migratory 
waterfowl and their eggs for propagating purposes when authorized 
by a permit issued by the Secretary. Waterfowl and their eggs sO' 
taken may be possessed by the permittee and may be sold and trans- 
ported by him for propagating purposes to any person holding a per- 
mit issued by the Secretary in accordance with the provisions of this 
regulation. 

2. A person authorized by a permit issued by the Secretary may 
possess, buy, sell, and transport migratory waterfowl and their in- 
crease and eggs in any manner and at any time for propagating pur- 
poses ; and migratory waterfowl, except the birds taken under para- 
graph 1 of this regulation, so possessed may be killed by him at any 
time, in any manner, except that they may l3e killed by shooting onlj 
during the open season for waterfowl in the State where taken, and 
the unplucked carcasses and the plucked carcasses, with heads and 
feet attached thereto, of the birds so killed may be sold and trans- 
ported b}^ him in any manner and at any time to any person for 
actual consumption, or to the keeper of a hotel, restaurant, or board- 
ing house, retail dealer in meat or game, or a club, for sale or service 
to their patrons, who may possesses such carcasses for actual con- 
sumption without a permit, but after midnight of March 31, 1919, 
no migratory waterfowl killed by shooting shall be bought or sold 
unless each bird before attaining the age of four weeks shall have 
had removed from the web of one foot a portion thereof in the form 
of a " V " large enough to make a permanent well-defined mark which 
shall be sufficient to identify them as birds raised in domestication 
under a permit. 

3. Any package in wdiich such waterfowl or parts thereof or their 
eggs are transported shall have plainly and conspicuously marked on 
the outside thereof the name and address of the permittee, the num- 
ber of his permit, the name and address of the consignee, and an 
accurate statement of the number and kinds of birds or eggs con- 
tained therein. 

4. Applications for permits must be addressed to the Secretary of 
Agriculture, Washington, D. C, and must contain the following 
information : Name and address of applicant ; place where the busi- 
ness is to be carried on ; number of acres of land used in the business 
and whether owned or leased by the applicant; number of each spe- 
cies of waterfowl in possession of applicant; names of species and 
number of birds or eggs of each species if permission is asked to take 
waterfowl or their eggs; and the particular locality where it is 
desired to take such waterfowl or eggs. 

5. A person granted a permit under this regulation shall keep 
books and records which shall correctly set forth the total number of 
each species of waterfowl and their eggs possessed on the date of 
application for the permit and on the 1st day of January next fol- 
lowing; also for the calendar year for which permit was issued the 
total number of each species reared and killed, number of each species 
and their eggs sold and transported, manner in which such water- 
fowl and eggs were transported, name and address of each person 
from or to whom waterfowl and eggs were purchased or sold, to- 



PROTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 25 

■g^ether with number and species and whether sold alive or dead ; and 
the date of each transaction. A written report correctly setting 
forth this information shall be furnished the Secretary during the 
month of January next following the issuance of the permit. 

6. A i^ermittee shall at all reasonable hours allow any authorized 
employee of the United States Department of Agriculture to enter 
and inspect the premises wdiere operations are being carried on under 
this regulation and to inspect the books and records of such permittee 
relating thereto. 

7. Permits issued under this regulation shall be valid only during 
the calendar year of issue, shall not be transferable, and may be re- 
voked by the Secretary if the permittee violates any of the provisions 
of the migratory bird treaty act or of the regulations thereunder. 

8. A person engaged in the propagation of migratory waterfowl 
■on the date on which these regulatioir; become effective will be 
allowed until September 30, 1918, to apply for the ^jermit required 
by this regulation, but he shall not take any migratory waterfowl 
■without a permit. 

[As amended Oct. 25, 1918.] 

Regulation 9. — Permits to collect migratory birds for scientific 

purposes. 

A person may take in any manner and at any time migratory birds 
and their nests and eggs for scientific purposes when authorized by a 
permit issued by the Secretary, which permit shall be carried on his 
person when he is collecting specimens thereunder and shall be ex- 
hibited to any person requesting to see the same. 

Application for a permit must be addressed to the Secretary of 
Agriculture, Washington, D. C, and must contain the following in- 
formation : Name and address of applicant and name of JState, Ter- 
ritory, or District in which specimens are proposed to be taken and 
the purjDose for which they are intended. Each application shall be 
accompanied by certificates from two well-known ornithologists that 
the applicant is a fit person to be intrusted with a permit. 

The permit will authorize the holder thereof to possess, buy, sell, 
and transport in any manner and at any time migratory birds, parts 
thereof, and their nests and eggs for scientific purposes. Public 
museums, zoological parks and societies, and public scientific and 
educational institutions may possess, buy, sell, and transport in any 
manner and at any time migratory birds and parts thereof, and their 
nests and eggs, for scientific purposes without a permit, but no speci- 
mens shall be taken without a permit. The plumage and skins of 
migratory game birds legally taken may be possessed and transported 
by a person without a permit. 

A taxidermist when authorized by a permit issued by the Secretary 
may possess, bu}-, sell, and transport in any manner and at any time 
migratory birds and parts thereof legally taken. 

Permits shall be valid only during the calendar year of issue, shall 
not be transferable, and shall be revocable in the discretion of the 
Secretary. A person holding a permit shall report to the Secretary 
on or before January 10 following its expiration the number of skins, 
nests, or eggs of each species collected, bought, sold, or transported. 



26 PEOTECTION OF MIGRATORY BIRDS AND GAME RESERVES. 

Every packa<je in which migratory birds or their nests or eggs are 
transported shall have cleaily and conspicuously marked on the out- 
side thereof the name and address of the sender, the number of the 
permit in every case Avhen a permit is required, the name and address 
of the consignee, a statement that it contains specimens of birds, their 
nests, or eggs for scientific purposes, and, whenever such a package is 
transported or offered for transportation from the Dominion of 
Canada into the United States or from the United States into the 
Dominion of Canada, an accurate statement of the contents. 

[As amended October 25, 1918.] " . 

Regulation 10. — Permits to Mil migratory birds injurious to 

property. 

When information is furnished the Secretary that any species of 
migratory bird has become, under extraordinary conditions, seriously 
injurious to agriculture or other interests in any particular com- 
munity, an investigation will be made to determine the nature and 
extent of the injury, whether the birds alleged to be doing the dam- 
age should be killed, and, if so, during what times and by what means. 
Upon his determination an appropriate order will be made. 

Eegulation 11. — Sale of migratory game birds lawfully held in cold 
storage July 31, 1918. 

A person authorized b}'^ a permit issued by the Secretary may pos- 
sess and may sell and transport until midnight of March 31, 1919, the 
carcasses of migratory game birds lawfully killed and by him law- 
fully held in cold storage on July 31, 1918, to any person for actual 
consumption, or to the keeper of a hotel, restaurant, or boarding 
house, retail dealer in meat or game, or a club, for sale or service to 
their patrons, who may possess such carcasses for actual consumption 
without a permit until midnight of April 5, 1919. 

[Added by pi-oclamatiou of October 25, 1918.] 

Regulation 12. — State laws for the protection of migratory birds. 

Nothing in these regulations shall be construed to permit the taking,, 
possession, sale, purchase, or transportation of migratory birds, their 
nests, and eggs contrary to the laws and regulations of any State, 
Territory, or District made for the purpose of giving further pro- 
tection to migratory birds, their nests, and eggs when such laws and 
regulations are not inconsistent with the convention between the 
United States and Great Britain for the protection of migratory birds 
concluded August 16, 1916, or the migratory bird treaty act and do: 
not extend the open seasons for such birds beyond the dates pre- 
scribed by these regulations. 

[Added by proclamation of October 25, 1918.] 

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